Employers mulling mandatory COVID-19 testing, vaccinations as employees return

Many employees were allowed to telecommute temporarily during the COVID-19 crisis. Others were furloughed or laid off. As some of them begin to return to the workplace, employers may be considering whether to conduct mandatory coronavirus testing. If a vaccination is developed, can you require employees to take it? And what is your recourse if an individual refuses? Let’s look at the measures you can adopt to protect your workforce.

EEOC guidance on requiring coronavirus testing

Under the Americans with Disabilities Act (ADA), you may conduct mandatory medical tests of employees if the exams are job-related and consistent with business necessity. Recently, the Equal Employment Opportunity Commission (EEOC) released guidance about the standard as it relates to COVID-19 testing.

According to the EEOC, you may take steps to determine if employees entering your workplace have contracted COVID-19—including testing—because anyone with the virus may pose a direct threat to others. The agency encourages you to use reliable and accurate testing methods based on the most up-to-date guidance from public health authorities.

If you choose to test employees as a condition of returning to the workplace, be sure to develop and apply your testing policy consistently and objectively. Targeting the testing toward certain groups of employees based on a protected class status (e.g., age, an actual or perceived disability, or national origin) could subject your business to a discrimination claim.

Steps to take if employee refuses to test